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11. The overpass from the subject property to the bluff east of the subject property is <br />not an issue that is properly before the Hearing Examiner. It is not a design that <br />was included as part of the proposal and will not be addressed by the Hearing <br />Examiner. <br />12. Adequate parking does exist on -site. With the additional 240 parking spaces, <br />parking is provided for the guests of the hotel and also for the patrons of the <br />businesses. In addition, parking is available for those using the walkways. <br />13. The proposal is consistent with the Everett Shoreline Master Program and the <br />regulations pertaining thereto. It is consistent with the Shoreline Act of the State of <br />Washington and also the administrative regulations pertaining thereto. <br />DECISION <br />Based upon the preceding findings of facts and conclusions, testimony and evidence <br />submitted at the public hearing, and upon the impressions of the Hearing Examiner of a <br />site view, it is hereby ordered that the requested Shoreline Permit for the activities as <br />described in the introduction of this document is granted subject to the following <br />conditions: <br />The proposed project must meet the goals, policies, and regulations of the City of <br />Everett Shoreline Master Program. <br />The proposed project shall meet existing regulations regarding air and water quality. <br />The Washington State Department of Fish and Wildlife must grant a Hydraulic <br />Project Approval prior to any activity below the ordinary high water mark. The <br />Applicant must satisfy the water quality section of the Department of Fisheries <br />Stormwater Guidelines. (see Exhibit 6 for detailed requirements) <br />3. The Department of Fish and Wildlife discourages the use of pilings, lumber, and <br />other materials treated with creosote or other wood preservatives. The Applicant <br />should use concrete and/or steel pilings where structural support is needed. <br />Untreated or less -toxic wood pilings may be used for fender piles. <br />4. Mitigation from overwater and floating structures must be Consistent with the <br />requirements of the State Department of Fish and Wildlife. <br />5. Stormwater quality enhancement is required on -site by both the City of Everett and <br />the Department of Fish and Wildlife. All stormwater improvements must meet or <br />exceed City standards. Water quality enhancement of stormwater runoff from the <br />paved areas must occur prior to discharge of the stormwater from the site. Per City <br />standards, a wetpond is required to treat stormwater from this project (the <br />compacted fill soils on the site make infiltration basin infeasible). As much of the <br />existing runoff from western parking areas as feasible must also be treated in the <br />wetpond, ideally up to and including the peak flow from the 6 month, 24-hour storm. <br />10 <br />